Terms of Use and Service Agreement

General Information

Service Provider:
Daybreak Development
Email: hello@daybreakdevelopment.eu

These Terms of Use govern your relationship with Daybreak Development for all services including web development, hosting, and ongoing support. By engaging our services, you agree to these terms.

Service Offerings

Web Development Services:

• Custom website development and design
• Content management system (CMS) implementation
• E-commerce platform development and integration
• Performance optimization and security implementation

Hosting Services:

• Web hosting starting at €25 per month, including:
  • Reliable server infrastructure with 99.9% uptime
  • SSL certificates and security monitoring
  • Regular backups with 30-day retention
  • Basic technical support during business hours

Partnership and Maintenance Services:

• Monthly partnership option at €200 per month including ongoing support
• Project-based pricing starting from €3,000 for comprehensive solutions
• Ongoing maintenance, updates, and technical support
• Performance monitoring and security updates

Contract Terms and Service Models

Subscription Services (Monthly Hosting and Partnerships):

• Initial Term: Minimum 3-month commitment for hosting services
• Auto-Renewal: Monthly subscriptions continue until cancelled with 30-day notice
• Payment Terms: Payment due in advance on monthly basis
• Cancellation: Either party may cancel with 30 days written notice

Project-Based Services:

• Scope Definition: Detailed project specifications provided before commencement
• Milestone Payments: Typically 50% upfront, 50% on completion for projects under €10,000
• Larger Projects: Payment schedule based on defined milestones
• Change Orders: Scope changes require written agreement and may affect timeline and pricing

Payment Terms and Billing

General Payment Terms:

• All prices quoted in EUR and include Dutch VAT where applicable
• Payment due within 30 days of invoice date for business clients
• Consumer clients: Payment due within 14 days
• Accepted payment methods: Bank transfer, Stripe, PayPal

Late Payment:

• Interest charges of 8% per annum on overdue amounts
• Administrative fee of €25 for payment reminders
• Service suspension possible after 60 days overdue
• Collection costs recoverable from client

Refund Policy:

• Hosting Services: Pro-rata refunds for cancelled services
• Project Work: Refunds based on work completed and deliverables provided
• Consumer Rights: 14-day cooling-off period for distance sales where applicable

Client Responsibilities and Cooperation

Information and Access:

• Provide accurate project requirements and necessary information
• Grant timely access to systems, accounts, and resources as needed
• Respond to requests for feedback and approvals within agreed timeframes
• Maintain backup copies of critical data independent of our services

Technical Requirements:

• Provide necessary licenses for third-party software integration
• Comply with security protocols and access control measures

Content and Legal Compliance:

• Ensure all content provided is legally compliant and non-infringing
• Obtain necessary permissions for copyrighted materials
• Comply with applicable laws including GDPR for data collection
• Indemnify Daybreak Development against claims arising from client content

Intellectual Property Rights

Custom Development Work:

• Copyright Assignment: All custom code and designs developed specifically for client projects transfer to the client upon full payment
• Pre-existing Components: Daybreak Development retains rights to pre-existing code libraries, frameworks, and methodologies
• Open Source: Third-party open-source components remain subject to their original licenses
• Attribution: Daybreak Development may include attribution link in website footer

Background IP Protection:

• Client grants license to use their materials solely for project delivery
• Daybreak Development's proprietary methodologies and tools remain our property
• Confidential information protected under separate non-disclosure terms
• Both parties respect each other's intellectual property rights

Hosting and Technical Services

Service Level Agreement:

• Uptime Guarantee: 99.9% monthly uptime (excluding scheduled maintenance)
• Maintenance Windows: Scheduled maintenance announced 48 hours in advance
• Support Response: Email support within 24 hours during business days
• Emergency Response: Critical issues addressed within 4 hours

Data Protection and Security:

• Regular automated backups with 30-day retention
• SSL certificate installation and maintenance
• Security monitoring and basic intrusion prevention
• GDPR-compliant data processing agreements for hosting services

Client Data Responsibilities:

• Clients responsible for content accuracy and legal compliance
• Regular testing of backup restoration procedures recommended
• Clients should maintain independent backups of critical data
• Content monitoring and moderation remain client responsibility

Limitation of Liability and Warranties

Service Warranties:

• Services provided with professional skill and care
• Hosting services guaranteed to 99.9% uptime standard
• Software developed to meet agreed specifications
• Bug fixes provided for 90 days after project completion

Limitation of Liability:

• Total liability limited to amount paid for services in preceding 12 months
• No liability for indirect, consequential, or special damages
• Force majeure events exclude performance obligations

Excluded Liability:

• Data loss due to client actions or third-party services
• Service interruptions due to internet or power outages
• Losses arising from client's failure to maintain backups
• Third-party service failures beyond our reasonable control

Termination and Post-Termination

Termination Rights:

• Either party may terminate with 30 days written notice for convenience
• Immediate termination allowed for material breach if not cured within 14 days
• Non-payment grounds for immediate service suspension
• Termination for insolvency or change of control

Post-Termination Obligations:

• Data Transfer: Client data provided in standard formats within 30 days
• Access Revocation: All system access terminated immediately
• Final Payment: Outstanding invoices remain due upon termination
• Data Deletion: Client data deleted from our systems after 90-day transition period

Survival Clauses:

• Intellectual property rights and assignments
• Confidentiality obligations
• Payment obligations for services rendered
• Limitation of liability provisions

Dispute Resolution and Governing Law

Governing Law:

These terms are governed by Dutch law and subject to Dutch court jurisdiction.

Dispute Resolution Process:

1. Direct Negotiation: Good faith discussions to resolve disputes
2. Mediation: Voluntary mediation through Netherlands Mediation Institute
3. Arbitration: Binding arbitration through Netherlands Arbitration Institute (NAI)
4. Court Proceedings: Amsterdam District Court for unresolved matters

Consumer Rights:

Consumers retain rights to bring disputes in their home jurisdiction where applicable under EU consumer protection law.

Force Majeure and Service Interruptions

Force Majeure Events:

• Natural disasters, acts of God, and extreme weather
• War, terrorism, and government actions
• Labor disputes and strikes
• Pandemic-related restrictions and lockdowns
• Internet infrastructure failures and cyber attacks

Force Majeure Procedures:

• Immediate written notification of force majeure event
• Documentation from competent authorities where available
• Reasonable efforts to minimize impact and find alternative solutions
• Right to suspend or terminate services if event continues beyond 90 days

Updates and Modifications

Terms Updates:

• Terms may be updated to reflect legal or service changes
• Material changes communicated 30 days in advance
• Continued use of services constitutes acceptance of updated terms
• Right to terminate services if updated terms are unacceptable

Service Changes:

• Service specifications may be modified with reasonable notice
• Price increases for ongoing services require 60 days notice
• New services offered under current terms unless otherwise specified

Contact Information

General Inquiries:

Email: hello@daybreakdevelopment.eu
Phone: +33 6 25 87 83 13
Business hours: Monday-Friday, 9:00-17:00 CET

Legal and Compliance:

Email: hello@daybreakdevelopment.eu
For formal notices and legal communications

Technical Support:

Email: hello@daybreakdevelopment.eu
For hosting and technical service issues

These Terms of Use constitute the complete agreement between Daybreak Development and the client, superseding all previous agreements and understandings.